SECTION 165:59-3-72. Request for reconsideration procedures

(a)   The Request for Reconsideration and a Notice of Prehearing Conference shall be filed with the Commission's Court Clerk and provided to all parties of record on the same day it is filed. Any party filing a Request for Reconsideration must be represented by an attorney, as defined in OAC 165:5-1-3.

(b)   Notice of the Request for Reconsideration shall be given to the OUSF Administrator, the Oklahoma Attorney General, and all parties to the cause, and shall be posted on the Commission's website by the OUSF Administrator.

(c)   Upon filing the Request for Reconsideration and the Notice of Prehearing Conference, the Request for Reconsideration shall, without Commission order, be assigned to an ALJ, and set for hearing on the next regularly scheduled prehearing conference date, which is at least five (5) business days after the date of filing, unless the parties agree or the Commission directs otherwise.

(d)   At the time a Request for Reconsideration is filed, all documentation not contained in the public record and not filed in the cause with the Commission's Court Clerk, relied upon by the OUSF Administrator in making the Determination, shall be made available to the party filing the Request for Reconsideration. No confidential information and/or highly sensitive confidential information shall be provided until the nondisclosure agreement, as approved pursuant to OAC 165:59:3-30(f) is signed by the affected party. Additionally, all data requests issued with respect to a Request for Reconsideration shall be answered within ten (10) business days, unless otherwise agreed by the parties. Any prefiled testimony, statement of position, or legal brief in support of the Request for Reconsideration shall be filed with the Commission's Court Clerk within fifteen (15) calendar days of the Request for Reconsideration, and provided to all parties of record on the same day it is filed.

(e)   Any responsive prefiled testimony or responsive legal brief shall be filed with the Court Clerk within ten (10) business days of the filing of the prefiled testimony or legal brief, as referenced in subsection (d), and provided to all parties of record on the same day it is filed.

(f)   During the prehearing conference, the ALJ shall identify any additional requirements for a procedural schedule, including scheduling a hearing on the Request for Reconsideration, if deemed necessary by the ALJ. The parties shall identify all witnesses or potential witnesses who will provide testimony, and all witnesses or potential witnesses shall submit prefiled testimony. The ALJ may determine that a hearing on the Request for Reconsideration is not needed for causes without material disputes of fact or if all parties waive cross-examination. The hearing on the Request for Reconsideration shall be set within forty-five (45) calendar days of filing of the Request for Reconsideration, unless the Commission orders otherwise. The parties shall adhere to the procedural schedule set by the ALJ, without a Commission order.

(g)   The ALJ shall issue an ALJ report containing the findings of fact, conclusions of law, and recommendation within fifteen (15) business days of the hearing on the Request for Reconsideration. If the ALJ determines no hearing on the Request for Reconsideration is necessary, the ALJ shall issue an ALJ report as set forth herein, no later than sixty (60) calendar days after the date the Request for Reconsideration was filed.

(h)   Recommendations on motions, objections, and all filings made prior to the issuance of an ALJ report shall be addressed by the ALJ in the ALJ report, containing the recommendation on the merits of the Request for Reconsideration, unless the Commission orders otherwise.

(i)   Oral or written exceptions regarding motions, objections, and all filings made prior to the issuance of an ALJ report will not be allowed, unless the Commission orders otherwise. Exceptions to the ALJ report, shall be governed under OAC 165:5-13-5(a)(2), (b) and (c).

(j)   A Request for Reconsideration may be withdrawn at any time prior to opening of the record in the Hearing on the Request for Reconsideration by filing a Withdrawal of Request for Reconsideration with the Commission's Court Clerk. Upon filing a Withdrawal of Request for Reconsideration, the Cause shall be closed by the Commission's Court Clerk, without a Commission order, and payment shall be made within forty-five (45) calendar days after filing the Withdrawal of Request for Reconsideration.

(k)   If the Commission does not issue a final order within thirty (30) calendar days from the date the Request for Reconsideration is filed, the Request shall be deemed approved on an interim basis subject to refund with interest. To obtain interim funding, the eligible local exchange telecommunications service provider or the eligible provider must file notice with the Commission's Court Clerk of its intention to seek interim funding. The OUSF Administrator shall pay the interim funding within forty-five (45) calendar days upon receipt of notice.

[Source: Added at 34 Ok Reg 5, eff 8-12-16 (emergency); Added at 34 Ok Reg 1011, eff 9-11-17]